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HomeMy WebLinkAboutOrd 3734 12/30/1986ORDINANCE NO. 3734 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A SPECIAL SERVICE AREA IN THE VILLAGE OF MOUNT PROSPECT AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 30th DAY OF December , 1986. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 31st day of December , 1986. 12/22/86-1 CAF OR6INANCE NO. 3734 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF A SPECIAL SERVICE AREA IN THE VILLAGE OF MOUNT PROSPECT AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Authority to Establish Special Service Areas. The President and Board of Trustees of the Village of Mount Prospect take notice of its authority to establish a special service area pursuant to Article VII, Section 6, paragraph 1, of the Constitution of the State of Illinois in force July 1, 1971, which provides in pertinent part that: The General Assembly may not deny or limit the power of home rule units... (2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services." and further pursuant to an Act to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and non-home rule municipalities and counties as set forth in Sections 1301 through 1311 of Chapter 120 of the Illinois Revised Statutes, 1981. SECTION TWO: ~indings. The Village of Mount Prospect finds as follows: It is in the best interest of the public that the creation of the area hereinafter described as a special service area for the purposes set forth herein be considered. Said area is a contiguous area within the Village of Mount Prospect. Said area will benefit specially from the municipal services to be provided, which proposed municipal services are unique and are in addition to municipal services provided by the Village of Mount Prospect as a whole, and it is therefore, in the best interests of the Village of Mount Prospect that the levy of special taxes against said area for the special services so provided be considered. SECTION THREE: Public Hearings - Tax Rate - Issuance of Bonds A public hearing shall be held on Tuesday, January 20, 1987 at 7:30 P.M. in the Senior Citizen Center, located at 50 South Emerson Street, Mount Prospect, Illinois, to consider the creation of Special Service Area No. 6 of the Village of Mount Prospect, in the territory described in the attached Exhibit "A" which is hereby made a part of this Ordinance by reference. At the public hearing, there will be considered the borrowing of an amount not to exceed $ 370,000.00 to be evidenced by General Obligation Bonds, with respect to said Special Service Area No. 6, Special Se~ '~ Area NO. 6 Page 2 of 4 the proceeds of which shall be used to pay an amount not to exceed fifty percent (50%) of the cost of the construction and other related costs including installation of low profile curb and gutter throughout (27 feet back to back); construct new inlets, catchbasins, and certain sections of new storm sewers; widen existing pavement, strip off (mill) the existing bituminous surfaces; place reflective crack control material (Petromat); repave the entire surface (24 feet); replacement of all driveway aprons; replacement of sidewalk where necessary; landscape parkways and such other incidental work deemed necessary. Said bonds are to be retired over not to exceed a twenty (20) year period, and to bear interest at a rate of not to exceed ten percent (10%) per annum. Said bonds, if issued, shall be retired by the levy of a direct tax to pay the interest on such bonds as they fall due and to discharge the principal thereof at maturity. Said tax is to be levied upon all taxable property within the proposed Special Service Area and said tax shall be in addition to all other taxes provided by law and levied upon property within the proposed Special Service Area pursuant to the Revenue Act of 1939. SECTION FOUR: Notice of Hearing. Notice of Hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Mount Prospect Herald, a newspaper in general circulation within the Village of Mount Prospect. In addition, notice by mailing shall be given by depositing said Notice in the U. S. Mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract, or parcel of land lying within the proposed Special Service Area. Said Notice shall be mailed not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the Notice shall be sent to the person last listed on the Tax Rolls prior to that year as the owner of said property. The Notice shall be in substantially the following form: " NOTICE OF HEARING VILLAGE OF MOUNT PROSPECT SPECIAL SERVICE AREA NO. 6 NOTICE IS HEREBY GIVEN that on Tuesday, the 20th day of January, 1987, at 7:30 P.M. at the Senior Center, 50 South Emerson Street, Mount Prospect, Illinois, a hearing will held by the President and Board of Trustees of the Village of Mount Prospect to consider forming a Special Service Area consisting of the territory described in the attached Exhibit "A", generally located as follows: Parcel A That part of the East Half of the Northeast Quarter of Section 12, Township 41 North, Range 11, East of the Third Principal Meridian, described as follows: Lots 1 through 7 in Block 1, Lots 1 and 2 and the East two feet of Lot 3 and the West three feet of Lot 11, and Lots 12 through 19 and Lots 22 through 29 in Block 2, Lots 1 through 11 in Block 3, Lot 1 through 12 in Block 14, Lots 1 through 24 in Block 13 and Lots 1 through 11 in Block 12 of part of Busse's Eastern Addition to Mount Prospect, being a subdivision recorded June 30, 1926, as Torrens Document No. 309555 and also Lots 1 through 12 and Lot 24 in Block 15, Lot 1 through 24 Special Se~~. Area No. 6 Page 3 of 4 in Block 16, Lots 1 through 13 in Block 25 and Lots 14 through 26 in Block 24 of a subdivision of Blocks 15, 16, 24 and 25 of Busse's Eastern Addition to Mount Prospect, being a Subdivision recorded June 30, 1926 as Torrens Document No. 309562 and also Lots 1 through 12 of a subdivision of Block 17 of Busse's Eastern Addition to Mount Prospect, being a Subdivision recorded June 30, 1926 as Torrens Document No. 309546 and also LOt 1 of Hedlund's Resubdivision recorded January 26, 1983 as Torrens Document No. 3291533 and also Lot 9 of Chellman & Pearson's Resubdivision recorded February 21, 1955 as Torrens Document No. 1577025, all in Cook County, Illinois Parcel B That part of the East Half of the Southeast Quarter of Section 12, Township 41 North, Range 11, East of the Third Principal Meridian, described as follows: Lots 32 through 49 in Maplewood Heights, being a subdivision recorded May 18, 1926 as Document No. 9278692, all in Cook County, Illinois. An accurate map of said Area is on file in the Office of the Village Clerk and is available for public inspection. The purpose of the formation of the Mount Prospect Special Service Area No. 6 in general is to provide special municipal services to the Area, including, but not limited to, municipal services consisting of the construction and installation of low profile curb and gutter throughout (27 feet back to back); construct new inlets, catchbasins, and certain sections of new storm sewers; widen existing pavement, strip off (mill) the existing bituminous surfaces; place reflective crack control material (Petromat); repave the entire surface (24 feet); replacement of all driveway aprons; replacement of sidewalk where necessary; landscape parkways and such other incidental work deemed necessary. For the purpose of paying a portion of the cost of the Special Services, the issuance of General Obligation Bonds in the amount not to exceed $370,000.00 at an interest rate of not to exceed ten percent (10%) per annum and to mature within a period of not to exceed twenty (20) years, will be considered at the hearing. Said bonds, if issued, shall be retired by the levy of a direct tax to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity; said tax to be levied upon all taxable property within the proposed Special Service Area, based upon assessed valuation as established pursuant to the Revenue Act of 1939. The remaining portion of the cost of said special services is to be paid from General Obligation Bonds to be issued with respect to the Village of Mount Prospect and from Capital Improvement Repair and Replacement Funds. Ail interested parties, including all owners of real estate therein, affected by the formation of the Mount Prospect Special Service Area No. 6 will be given an opportunity to be heard at the hearing regarding the formation of and the boundaries of the Special Service Area and the issuance of such General Obligation Bonds and the levy of taxes to pay the principal and interest thereof and the levy of an annual tax in addition thereto, and may file objections to the formation of the Area, the issuance of such bonds and the levy of taxes affecting said Area. The pecial Ser~'-~ Area No. Page 4 of ~ ~ 6 hearing may be adjourned by the Board to another date without further notice other than a Motion to be entered upon the Minutes fixing the time and place of its adjournment. If a Petition signed by at least fifty-one percent (51%) of the Electors residing within the Special Service Area and by a least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the Special Service Area is filed with the Village Clerk within sixty (60) days following the final adjournment of the public hearing objecting to the creation of the Special Service Area, to the levy or imposition of a tax or the issuance of bonds for the provision of special services to the area, or to a proposed increase in the tax rate, no such District may be created, or tax may be levied or imposed nor the rate increased, or no such bonds may be issued. Dated this 2nd day of January, 1987. Carol A. Fields Village Clerk " This Ordinance shall be in full force and effect its passage, approval and publication in pamphlet in accordance with law. SECTION FIVE: from and after form AYES: Arthur, Farley, Floros, Murauskis NAYS: Van Geem ABSENT: Wattenberg PASSED and APPROVED this 30th day of December , 1986. ATTEST: Caroly~f H. Krause ~ President Carol A. Fields Village Clerk